COUNCIL PROCEEDINGS



COUNCIL PROCEEDINGSREGULAR MEETING APRIL 01, 2013A regular meeting of the Philip City Council was held on Monday, April 1, 2013, at 7:00 p.m. in the Community Room of the Haakon Co. Courthouse. Present were Mayor Michael Vetter, Finance Officer Monna Van Lint, Council Members Greg Arthur, Jennifer Henrie, Jason Harry, Marty Gartner, Trisha Larson, and Marion Matt. Also present were Deputy Finance Officer Brittany Smith, Police Officer David Butler, Gen. Maint. Brian Pearson, Dale Morrison, Charles Allen, Del Bartels with the Pioneer Review, Seth Green with Waste Connections of SD, Inc. DBA Walker Refuse; and later, City Attorney Gay Tollefson.Absent: NoneMotion was made by Harry, seconded by Arthur to approve the agenda as presented. Motion carried.Motion was made by Harry, seconded by Matt to approve the minutes of the last two meetings as published in the Pioneer Review. Motion carried.FO Van Lint apprised the Council of an increase in water usage at the airport during March. An increase from the average usage of 1,000 gallons to 5,000 gallons was noted. Gen. Maint. Pearson reported that the airport was inspected today for any water leaks and commented that the toilet may have been running. They will continue to look into this further and monitor the usage. Following review, motion was made by Matt, seconded by Gartner to approve the payment of the bills from the appropriated funds. Motion carried.Gross Salaries – Mar. 29, 2013: Mayor & Council - $3690.00; Adm. - $5111.60; Police - $6085.73; Public Works - $3187.59; Street - $4945.19; Water - $2308.80 AFLACEmployee Supplemental Ins.- 03/13323.75EFTPSS.S., Medicare, Withholding- 03/135458.12SDRSEmployee Retirement- 03/132884.59Airport Improv. Projects:Kadrmas, Lee & Jackson, Inc.MIRL Const./Adm Eng. thru 3/19/133016.28Wood/Walden Ave. Improv. Project:SPN & Assoc.Bid/SpAssess/Const. Eng. thru 3/23/136532.90This Month's Bills:AT&T MobilityCell Phone 02-03/1382.02Century Business ProductsKyocera 2550ci Copier – 03/136194.00Copier Maint. 03/13-03/14428.22CRA Payment CenterSupplies – 03/1339.15Dakotacare Health Ins.Employee Health Premium – 04/1311153.55Delta Dental Ins.Employee Dental Premium – 04/13688.901st Nat’l Bank - PhilipUtility Billing – 03/13119.221st Nat’l Bank – S.F.SRF Loan #02 Pay #173 – 04/132163.90SRF Loan #03 Pay #76 – 04/13 2223.41Fitzgerald Oil Co.Fuel/LP – 03/131088.24Golden WestTelephone/Internet 02-03/13599.18Haakon Co. Register of DeedsPlat/Record Copies – 03/1334.00Haakon Co. TreasurerOffice Rent– 04/13500.00Heartland Waste Mgmt, Inc.365 Residential Collection – 03/133978.50Ingram HardwareSupplies – 03/1313.68Morrison’s Pit StopFuel/Supplies – 03/13757.61NASASP2013 Membership Dues39.00Northwest Pipe Fittings, Inc.Water Supplies/Resale – 03/13758.18Philip StandardFire Fuel – 01/1347.30Pioneer ReviewPublishing – 03/13913.48Ramkota – PierreGraham Safety Conf. Room – 03/13154.00Sanford LaboratoriesRandom Testing – 02/13252.00SD Assoc. of Code Enforcement(4) Mtg Reg. – 05/13200.00SD Dept. of RevenueSales Tax Payable – 03/13309.23SD Dept. of RevenueWater Coliform Testing – 03/1313.00SPN & Assoc.Cherry St. Relocation Review – 03/131751.25Morrison 404 App. Review – 03/13131.25WW Facility Review(Keystone Camp)358.75Tollefson, GayAttorney Retainer – 04/13200.00USDA RD Loan Pay #100 – 04/133069.00VISA-UMB BankTravel Exp. 02-03/13235.34West Central ElectricElectric 02/01-03/01/133322.83WR/LJ Rural Water 2,297,000 gals. – 03/132871.25Contract Min. – 03/132500.00Airport Water – 03/1352.50South Shop Water – 03/1320.00Williams, Ronnie’07 Durango Brakes/Rotors Labor75.00____________________________________________________________________Total Expenditures – 04/01/13 $56,886.12Old Business: Council reviewed correspondence from the City’s Engineer, Harlan Quenzer with SPN & Assoc. regarding the questions posed relative to the engineering agreement for the lift station wet well rehabilitation.Council Member Larson asked when the City is planning to complete the rehabilitation? Mayor Vetter stated that an actual start date has not been established, but it has been proposed to budget for the expenses in 2014.Following discussion, motion was made by Arthur, seconded by Henrie to approve the engineering agreement with SPN & Assoc. for the lift station wet well rehabilitation project. The engineering expenses are as follows: design phase at $6,500; the bidding phase at $2,500; and, construction phase at $7,500 or less. Motion carried with all members voting aye.Council reviewed the plans outlined in Marty Hansen’s building and flood plain development permits that were approved during the Mar. 2, 2013, meeting. It was noted that the plans indicate the installation of a foundation, but did not specify the depth of the footings which are currently dug at 32 inches. The City has adopted the 1997 Uniform Building Code which states that the footings shall extend below the frost line and be at least 12 inches below undisturbed soil. In questioning the depth of the frost line for our region, John Irvine, certified building inspector, confirmed that Central South Dakota including the Philip area has a design frost depth of 42 inches below undisturbed soil—does not include fill dirt and flood plain regulations do not apply when meeting the depth requirements.Mayor Vetter stated if the City does not require compliance with the adopted building code, it will only escalate and cause problems in the future. The regulations are in place for a reason and we are obligated to make sure they are followed.Council Member Gartner also noted that following the regulations will only help with Mr. Hansen’s resale value should he wish to sell the property in the future. It was also reported that the concrete contractor was forming the footings and foundations today.By general consensus of the Council, Mr. Hansen’s footings must comply with the 42” depth requirements in order to be in compliance with the City’s adopted building code. The Finance Office was directed to contact Mr. Hansen in the early morning to alert him of this requirement before he commences pouring concrete.(On Apr. 2, 2013, the 42” depth requirements for footings were clarified by John Irvine. The 42” depth is measured below the adjacent grade, at a horizontal point five feet from the foundation—not next to the foundation. This confirms that Mr. Hansen’s existing plans are in compliance with the requirements.) New Business:Wood/Walden Ave. Utility and Street Improv. Project:Council was informed that the City’s Engineers, SPN & Assoc., will be onsite starting the week of April 1st to begin construction staking with a tentative construction start date of April 8th.Council Member Arthur questioned when the water and sewer mains will be installed on Walden Ave. as his contractor will need to schedule his water line replacement to his house around this work? FO Van Lint noted that the construction schedule is not available at this time, but will provide this information to Mr. Arthur in the near future.FO Van Lint went on to state that the proposed construction schedule reviewed during the pre-construction meeting included working from the south to the north of Wood Ave. Following that meeting, Scotchman Industries had posed a request to consider that their busy time of year is generally in the fall. This may change the construction schedule. This as well as other access issues has initiated a meeting with the contractor, City’s engineer, Street Committee, and Mr. Kroetch for Thursday, April 4th at 1:00 p.m. to review construction schedules and access concerns.She also reported that the request to overlay that portion of Hone St. west of the N. Wood Ave. intersection will also be reviewed by the engineers during Thursday afternoon.The Finance Office has also contacted the property owners along the project area regarding the construction plans and suggestions to make arrangements for access to their properties during this time. It was stressed that this project could take seven months to complete and the City appreciates everyone’s patience during this time. Council Member Matt mentioned that a few of the residents will not have alternate access to their properties during the construction. He is going to visit with them and offer the area around his property for parking and access.FO Van Lint reviewed correspondence from Eric Meintsma with SD Dept. of Environment and Natural Resources regarding the City’s State Revolving Fund (SRF) loan for the project. They are inquiring how the City would like to split the engineering expenses: 50/50 between the storm sewer and sanitary sewer; or, 57% storm sewer and 43% sanitary sewer. It was also noted that there is approximately $17,000 or 7% of the project’s overall engineering expenses that are not eligible for SRF reimbursement. This includes items such as the water line and drain tile engineering expenses. Following review, motion was made by Matt, seconded by Arthur to approve the engineering reimbursement from the SRF at the 50/50 split between the storm sewer and sanitary sewer. Motion carried.E. Pine St./Wray Ave. Overlay Project:Motion was made by Gartner, seconded by Matt to approve an agreement with J&J Asphalt to allow them to obtain the excess liability insurance coverage by the construction start date. Motion carried.According to the City’s Engineer, J&J Asphalt plans to begin the project construction mid to late summer. Council Member Matt voiced concern about the start date being in late summer as the fall cattle sales start the end of August. In his opinion, it would be in both the City’s and the contractor’s best interest to start this no later than mid-summer more specifically from anytime now and completed by mid-August.By general consensus of the Council, the Finance Office was requested to contact the City’s Engineer, Jeff McCormick with SPN & Assoc., to request a more concrete start date from J&J Asphalt.Airport:FO Van Lint reported that the closeout documents for the Medium Intensity Runway Lighting (MIRL) project were submitted during the Annual Airport Conference, Mar. 27-28, 2013. The operational and maintenance manuals along with the as-built plans have also been received and are on file in the Finance Office. The project status updates for the MIRL project and Land Acquisition and Environmental Assessment (LA/EA) were not available during the meeting as they were not received until April 2, 2013.Council reviewed the following building and flood plain development permits: Greg Arthur – new water line; Kent Buchholz – egress window & deck; D&T Auto Parts, Dale Morrison – access road across storm water retention ditch; Doug Hart – emergency sewer line repair; Kevin Pfeifle – 14’x14’ pergola.Council reviewed D&T Auto Parts permit in detail along with their US Army Corps of Engineers 404 permit submitted on their behalf by Broz Engineering. According to the 404 permit, the plans include removing trees and placing a 40 foot wide by 368 foot long access road in the storm water retention area on the east side of his property. According to the 404 permit, the road will be constructed as follows: “The dirt sub-grade will be built 40 feet wide with a 4:1 slope; the slope on the south side of the road will tie into the slope of the existing dam. A 6” gravel surfacing will be placed atop the sub-grade at a 0.03 ft/ft slope. Total fill will be approximately 7850 CY of dirt, and 272 CY of gravel.”Dale Morrison, owner of D&T Auto Parts, was questioned about the plans and size of the culvert that will be installed below the road? It was noted that the road construction will be located in a storm water retention dam that helps control the storm drainage for the City.Mr. Morrison stated that the Army Corps did not think he would need a culvert since the area does not have a drainage outlet on the south side of the dam, but he is planning to install an 18 inch culvert under his proposed road. The road will also be located to the south of the existing culvert that runs from the draw through Scotchman’s property. He stressed that the intent of the access road is to provide a safer means for semi-trucks to access his new business.It was noted that the existing culvert is 18 inches in diameter. It drains water from the area and deposits it in the draw between N. Wood Ave. and Auto Ave. This is currently the only outlet for water to flow from the drainage dam as any other option would result in the water depositing in the downtown area of Philip which does not have the storm sewer capacity to withstand any excess drainage.It was questioned if the City’s Engineer, Harlan Quenzer with SPN & Assoc., has reviewed D&T’s plans.FO Van Lint confirmed that Mr. Quenzer was only contacted for a comment on the 404 permit, noting the concerns voiced by the City relative to the impact the road construction would have on the existing storm water drainage into and from the system and the downstream storm drainage system. This was only a review of the permit and the City’s storm drainage, as an onsite and in depth report was not requested by the Council. She then reviewed Mr. Quenzer’s suggestions with the Council. This included D&T and their engineers submitting the following information to the Council for consideration prior to approving the access road construction. (1) Identify the size and types of existing piping into or out of the area being filled. (2) Describe how the water that enters the area via the SD Highway 14 culvert is to be discharged from the area. (3) Provide an evaluation of the potential hydraulic impact of the proposed project has on the existing storm water retention and drainage system. It was also noted that elevation information has not been obtained at this time, but Quenzer confirmed that this area provides valuable storm drainage retention and if it is filled, the volume of retention will be significantly reduced.Mayor Vetter questioned if the proposed culvert size of 18 inches is of sufficient size, for drainage and the weight of the semi-trucks? Council Member Gartner also inquired who would be liable should the access road restrict the storm drainage, causing water to back up on the north side of SD Hwy 14? Mr. Morrison is confident that the size of his proposed culvert is sufficient and O’Connell Construction will be installing the culvert and building the road. He also noted that the only time he was aware of the drainage dam being full was following the failure of Moos’ dam grade north and west of the SD Highway 14 and 73 intersection. The water that flows through the drainage dam was noted as coming from Moos’ south through Fred Hoag’s property and behind Coyle's Standard. It then crosses SD Highway 14 to the drainage dam through the culvert by Coyle's Standard.Questions were raised as to whether or not the US Army Corps of Engineers have approved Morrison’s 404 permit? FO Van Lint confirmed that Jeff Breckenridge with the Corps contacted PWD Reckling today, advising that they have found the road construction to have little or no environmental impact. It was stressed that the Army Corps is only concerned with the environmental impact as the storm water control is the City’s responsibility.Council Member Gartner then mentioned the possibility of displacing some of the dirt in the drainage area to help accommodate the fill that Morrison is proposing. For example clearing out some of the trees and brush as well as utilize some of the fill dirt in the area to build the road.Following a comment from Morrison relative to the fact that "It is my property." It was noted and stressed that even though Mr. Morrison owns the property where he is proposing to construct the road, it is imperative to the City’s storm drainage. The City has located documentation from the early 1930’s indicating that this area was constructed and maintained for flood control. Mr. Morrison questioned who installed the culvert extending under Scotchman’s property to the east as well as the dam grade south of his property. He commented that these would more than likely not have been allowed today.It was confirmed that Scotchman Industries did install the culvert.Mayor Vetter expressed concern for allowing the construction of the road with regard to the City’s storm drainage needs. This draw is located on more than just Morrison’s property and it is imperative for the City’s storm drainage. In his opinion, filling in the draw to increase the size of one’s property should not be allowed and if Morrison is permitted to construct a road through this area, that it be a one-time only opportunity to help preserve the purpose of the drainage area.Mayor Vetter than questioned when Mr. Morrison plans to start construction of the road as the SD One-Call locate notice that was received today listed April 3rd as the start date? Mr. Morrison stressed that he needs to start as soon as possible or he will miss out on obtaining the dirt to build the road.Mayor Vetter then suggested scheduling a meeting with Morrison and his contractor along with the City’s Building Committee and Engineer when the City’s Engineer is in town on Thursday, April 4th. It was noted that the City needs to ensure that this will not create a bigger problem than we already have with the City’s storm sewer.Mr. Morrison was then questioned in more detail about the size of the road as the 404 permit indicates 40 feet wide by 368 feet long whereas the SD One Call locate the City received today stated 50 feet wide by 100 yards. In addition, the 4:1 slope of the proposed road per the permit was noted, in which Council Member Matt inquired if the bottom of the road would end up being around 100 feet wide.Mr. Morrison was quoted as stating “that he has not reviewed the plans submitted by Broz Engineering on the 404 permit.” He reassured the Council that O’Connell Construction will be constructing the road. It will be 40 feet wide, but the slope will be steeper than the 4:1 slope indicated on the 404 permit. The height of the road will be approximately 12 feet high on the west, sloping to approximately 6 feet on east.Council Member Matt questioned Mr. Morrison as the plans he has reviewed with the Council tonight are not reflected in the building permit he submitted. The building permit states, “road across my draw to engineer specs.” He then recommended Mr. Morrison update the plans on his building permit to reflect his actual plans for the construction of the access road in order for the Council to make a decision.Further discussion about displacing the soil in the drainage dam and clearing the trees ensued. Council Member Henrie suggested the possibility of installing a bridge in place of the proposed road in order to alleviate concerns with decreasing the storm water retention area. It was noted that a bridge would be ideal, but the costs involved would be astronomical in comparison to building a road.Council Member Matt then suggested the Council move forward by scheduling a meeting for Thursday when the City’s Engineers are scheduled to be in Philip. He then recommended Mr. Morrison update his plans by that time so that a thorough review can be accomplished in order for the Council to make a decision.Matt then motioned to approve D&T Auto Parts, Dale Morrison, road access permit contingent upon the Building Committee being satisfied that the concerns voiced during this evening have been addressed. This includes, but is not limited to clearing of the trees, brush and fill dirt on the north side of the proposed road. In addition, it was stressed that City Ordinance #11-1804 be taken into consideration which prohibits the interference with natural drainage. City Attorney Tollefson addressed the Council, stating that in her legal point of view of the motion in place, she would recommend the Council call a special meeting to formally act on the permit. She stressed that there are numerous contingencies involved and this would be putting the sole responsibility on the Building Committee. Especially considering that all of the Council Members have voiced different concerns. In addition, the public needs to be given opportunity to review and pose any of their concerns to the Council. Council Member Matt withdrew his motion and by general consensus of the Council, a special meeting will be called following the meeting on Thursday. Mr. Morrison was then requested to submit update plans to the City prior to Thursday and have any other significant information that he feels is necessary available for review.Mr. Morrison noted that he is open to lowering the height of the road in order for water to flow across it in the event of a flood. He was quoted as stating, “as long as he can get a semi-truck through the area that is all he cares about. He went for the 40 foot width of road, but could get by with a road somewhere around 20 feet in width.”Following a lengthy discussion, motion was made by Harry, seconded by Matt to approve the above the building permits as presented with the exception of D&T Auto Parts access road permit. Motion carried with Council Member Arthur abstaining from the vote. Motion was then made by Gartner, seconded by Arthur to table D&T Auto Parts access road permit until further review. Motion carried with all members voting aye.A meeting with Morrison, O’Connell Construction, and the City’s Engineer & Building Committee will be scheduled for Thursday, April 4th. Mayor, Council and those in attendance thanked Mr. Morrison as he left the meeting at this time.Council reviewed the following bids received for the Solid Waste Disposal, Residential Garbage Collection, contract for June 1, 2013 through May 31, 2016. The bids were opened by the Garbage Committee on Mar. 28, 2013.Heartland Waste Management, Mobridge, SD:$14.05/household/monthBid Option #01 (Totes) - $15.90/household/monthBid Option #02 (Recycling) – No bid submittedWaste Connections of SD, Inc. DBA Walker Refuse, Rapid City, SD:$13.20/household/monthBid Option #01 (Totes) – No bid submittedBid Option #02 (Recycling) - $13.20/household/monthMotion was made by Matt, seconded by Henrie to award the solid waste disposal contract to Waste Connections of SD, Inc. DBA Walker Refuse, low bidder, in the amount of $13.20/household/month with Bid Option #02 for the contract period of June 1, 2013 through May 31, 2016. Motion carried with all members voting aye.It was noted that the new contract price, effective June 1st is $2.30/household/month higher than the current contract price of $10.90/household/month with Heartland Waste Management. The City currently charges residents $12.98/household/month with the additional $2.68 covering the City’s administrative costs. The Garbage Committee has recommended establishing the new garbage collection rate at $15.50/ household/month plus tax to cover the additional administrative expenses incurred by the City for providing garbage collection.Motion was made by Larson, seconded by Henrie to approve the residential garbage rates at $15.50/household/month plus tax, effective with the July 1, 2013, utility billing. Motion carried.Seth Green with Waste Connections of SD, Inc. DBA Walker Refuse was advised that he will be in contact with the City in the near future. This will include entering into a contract with the City for the waste disposal and establishing the placement of City dumpsters.Mayor, Council and those in attendance thanked Mr. Green with Waste Connections for his attendance.Council Member Matt left the meeting at this time.Council reviewed a rewrite of a portion of Chapter #5, Public Owned Utilities, relating to definitions, utility accounts, and water and sewer services. DFO Smith pointed out some of the changes such as landlord’s being exempt from placing a deposit (see #5-001(b)) and changing the deposit refund date from the end of December to July (see #5-002.1(b)). The Council was reminded that the writing of the Ordinance can change between the first and second reading of said Ordinance.Following review, motion was made by Harry, seconded by Arthur to approve the first reading of Ordinance #2013-03, as follows. Motion carried five to zero. ORDINANCE #2013-03AN ORDINANCE REPEALING CHAPTER 5, SECTION 5-101 THROUGH 5-222 AND ESTABLISHING CHAPTER 5, SECTIONS 5-000 THROUGH 5-208 OF THE REVISED ORDINANCES OF THE CITY OF PHILIP, SOUTH DAKOTA BE IT ORDAINED by the City Council of the City of Philip, South Dakota, that Chapter 5, Pubic Owned Utilities, Sections 5-101 through 5-222 are hereby repealed; and, Chapter 5, Public Owned Utilities, Sections 5-000 through 5-208 are hereby established to read as follows:5-000 DEFINITIONSThe following words, terms and phrases are defined and shall be interpreted as such throughout this chapter and Chapters 11 and 15. Terms not herein defined shall have the meaning customarily assigned to them.Approving Authority. The Public Works Director or his or her duly authorized deputy, agent or representative.Building Drain. That part of the lowest horizontal piping of a drainage system, which receives the discharge from soil, waste, and other pipes inside the walls of the building and conveys it to the building sewer.Building Sewer, House Connection and Sewer Service. The extension from the building drain to the public sewer or other place of disposal.CESSPOOL. An open or covered holding containment or pit for receiving drainage or sewage.City. The City of Philip, a municipal corporation of the State of South mercial User. A property solely used for a business.Contractor. A licensed sewer and water contractor or licensed trenching contractor as defined in this section.Cross Connection. A connection or potential connection between any part of a potable water system and any other environment containing other substances in a manner that, under certain circumstances would allow such substances to enter or adversely affect the potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or non potable), or any matter that may change the temperature, the color, the taste, or add odor to the water.Distribution System. The network of pipes, valves and other appurtenances owned and/or operated by the City of Philip for the purpose of delivering potable water.Director. The Public Works Director or his or her duly authorized deputy, agent or representative.Domestic Wastewater. Water-carried wastes from dwellings or wastewaters, which are similar in physical, biological and chemical characteristics.Floating Oil. Oil, fat or grease in a physical state such that it can be separated by gravity from wastewater in an approved pretreatment facility.GARBAGE. The putrescible animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.Groundwater. The water below the earth surface, which occupies the pore spaces in the saturated zone of the geologic stratum.LANDLORD. An owner of a property that leases the property to a TENANT OR RENTER.May. is permissive.OwneR. Any natural person, partnership, corporation, business entity, trustee, heir, successors, assigns, administrators or executors which have the right to possess and use any property to the exclusion of others and whom is legally responsible for the payment of water, sewer and/or garbage service charges made against the PREMISES. Person. Any individual, firm, company, association, governmental agency, society, corporation, group or political subdivision.Premises . Any real or personal property served or capable of being served by any city service, including but not limited to houses, buildings, mobile homes and trailers. Project Types Expansion/Economic Development. A project, which extends sewer and/or water infrastructure to provide service for new developments.Improvement. A project, which provides for increased capacity, or improved efficiency to existing systems. This type of project is located within the existing City service area, or corporate limits.Replacement. A project, which replaces or repairs existing infrastructure with similar components having more or less the same capacity as the original. Public Sewer or Public Water. A sewer or water main located in publicly owned land, public rights of way or easements and controlled by the City of Philip.Publicly Owned Treatment Works or POTW. A treatment works as defined by Section 212 of the Clean Water Act, which is owned by a state or municipality (as defined by Section 502(a) of the Clean Water Act). This definition includes any devises and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW pretreatment plant. The term also means the municipality as defined in Section 502(4) of the Clean Water Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.Residential Users. Single-family homes, duplexes, townhouses, apartments, and mobile home parks without a master meter.Sanitary Sewer or SEWER . A sewer, which carries domestic wastewater, and to which storm, surface and ground waters are not intentionally admitted. Septage. A mixture of liquids and solid materials removed from a septic tank, portable toilet, recreational vehicle holding tank, Type III marine sanitation device, or similar system. The contents of vault privies and substances such as grease trap residues, interceptor residues, and grit and screenings are not included in this definition of Septage.Septic Tank. A watertight, accessible, covered receptacle which receives wastewater from a building or facility sewer that allows solids to settle from the liquid, provides digestion for organic solids, stores digested solids through a period of retention, and allows a clarified liquid to discharge to additional treatment works for final treatment and dispersal.Service Area. The geographic area in which the city currently provides an actual service. This contrasts with a planning service area in which the city may provide service in the future.Service Line. The line from the city main to within five feet of the building and are further defined as follows:Domestic Sewer Service Line. Pipe and appurtenances collecting waste water from the premises and delivering it to the city sewer collection system. Domestic Service Lines may be located on private property or in public rights of way and are owned, operated, and maintained by the owner of the premises being served.Domestic Water Service Line. Pipe and appurtenances delivering water from the city water distribution system to a meter. Domestic Service Lines may be located on private property or in public rights of way and are owned, operated, and maintained by the owner of the premises being served.Sewer Installation and Water Installation. The new construction, alteration, repair or improvement of water service lines and appurtenances; sewer mains and appurtenances, sanitary sewer services, sewer treatment plant piping and equipment; and storm sewers, and the placement of sewer and water pipe into a building sufficient distance to allow connection to the building plumbing. Sewer and Water Installation does not include the minor adjustment of manhole castings, valve boxes and curb boxes to finish grade for street construction or reconstruction.SEWER MAIN or WATER MAIN. A pipe or conduit for carrying wastewater or water.SHALL. Is mandatory.STORM DRAIN (see STORM SEWER). A sewer system, which carries storm or surface waters and drainage, but which excludes wastewater and industrial wastes other than uncontaminated cooling water.STORM SEWER. All pipes, culverts, catch basins, inlets, detention pond inlet and outlet piping, and storm sewer appurtenances which will become an integral part of the public storm sewer systems, whether located in public rights of way or drainage easements, except parking lot drainage pipes and appurtenances are not considered STORM SEWERS for purposes of this chapter.SUPERINTENDENT. The superintendent of the wastewater treatment works or his or her authorized representatives. SURCHARGE. An additional and/or segregated utility charge SURFACE WATER. Water on the surface of the earth, as distinguished from groundwater. Some examples are lakes, ponds, rivers and streams.TENANT or RENTER. A person(s) that rents and occupies a property from the property owner or their agent.VAULT PRIVY. A structure which allows for disposal of human excreta into a watertight vault, provides privacy and shelter, and prevents access to the excreta by flies, rodents and other animals. Also referred to as Privy Vault and Outdoor Water Closet.WASTEWATER. The spent water of the community. From the standpoint of source, it may be a combination of the liquid and water-carried chemical or solid wastes from residences, commercial buildings, industrial plants and institutions together with any groundwater, surface water and storm water that may be present. Also referred to as sewer or sewage.WASTEWATER FACILITIES or WASTEWATER SYSTEM. All facilities for colleting, pumping, transporting, treating and disposing of wastewater and wastewater sludge.WASTEWATER TREATMENT WORKS. The facilities provided by the city to treat wastewaters as necessary to meet national pollutant discharge elimination system permit conditions and to comply with other environmental laws, rules and regulations.WATER FACILITIES or WATER SYSTEM. All facilities for distributing, pumping, transporting, treating and storing potable water.WATER TREATMENT WORKS. The facilities provided by the city to treat source water as necessary to meet federal, state and local drinking water regulations and to comply with other environmental laws, rules and regulations.WATERCOURSE. A natural or artificial channel for the passage of surface water either continuously or intermittently. 5-001UTILITY SERVICE - APPLICATION REQUIRED Any person desiring any utility service furnished by the city shall make application to the City Finance Office by and through the following. All criteria must be met prior to any utility services being connected and/or pleting a “City of Philip Utility Account Application” form as approved by the City Council. Application information shall include, but is not limited to, the applicant’s name, mailing address, service address, phone number, and/or email address.Provide proof of identification with a governmental issued photo ID.Pay a customer deposit as set forth in Ord. 5-002.Pay a reconnect fee as established by resolution when applicable. A separate application shall be made for each premise to be served with city utilities. Applicants shall abide by the rules and regulations established by the city relative to utility service in effect at the time of application and as they may be revised from time to time in addition to conditions and agreements as the City Council shall deem advisable.A landlord is subject to the application process for each rental property as outlined in section “a”.A landlord who elects to pass the responsibility for payment of utility service onto the renter/tenant(s) and they meet the requirements in section “a” above, will negate the landlord from placing a customer deposit with the application. Said exemption for the customer deposit is only applicable when the landlord has made written acknowledgement of their responsibilities for the property in accordance with City Ordinance #5-007. A landlord shall abide by the rules and regulations as established by the city relative to utility service in effect at the time of application and as they may be revised from time to time.5-002CUSTOMER DEPOSITSAll new utility account applicants are required to pay a one-hundred dollar ($100.00) customer deposit. The city does not accept letters of credit from previous utilities.If a current utility customer moves to a new location supplied with city utilities, a new deposit will not be charged if the customer has maintained at least one-year of credit history with the city.All utility customers that do not currently hold a customer deposit, upon the effective date of this ordinance, shall continue to receive city utility services, but in all other respects will comply fully with the requirements of this ordinance. A customer deposit will be charged to the customer’s account if the customer receives a minimum of three (3) delinquency notices within one (1) year. The City Council of the City of Philip reserves the right and authority to review and adjust the customer deposit amount through resolution of said City Council.5-002.1 CUSTOMER DEPOSIT REFUNDSA customer deposit is held by the City of Philip until at least one of the following is met by the utility account holder.The utility service is disconnected and the customer’s utility account is paid in full. Customers who have an established history with the City of Philip by paying twelve (12) consecutive monthly utility payments without a delinquency notice. Deposits will be refunded in July of each year. The city reserves the right to charge a new customer deposit as established by resolution to a property owner’s customer account in the event that a minimum of three (3) delinquency notices within one (1) year have been issued following the refund of a previous deposit.5-003UTILITY BILLING - MONTHLY Bills for utility services are based on services provided to customer per city ordinance. The city does not pro-rate monthly utility services. Bills are mailed around the last working day of the month and are due and payable in the City Finance Office by 5:00 p.m. on the fifteenth (15th) of each month. If the 15th falls on a weekend or federally observed holiday, payment must be received by 5:00 p.m. on the following business day.5-003.1PAYMENT REQUIRED FOR UTILITIES AND SERVICES FOR TEMPORARILY OR PERMANENTLY VACATED PREMISESThe owner or tenant of any real property having municipal utility service and responsible for payment of the monthly charges for water, sewer, garbage and other municipal utilities and services shall pay the monthly charges for all municipal utilities and services without regard to whether the property is vacant for any period of time. The owner or tenant may avoid the obligation to pay the monthly charge for municipal utilities and services for any period of vacancy by having the city turn off the water service at the curb stop and paying the disconnect fee. An additional reconnection fee shall be charged by the city when utility service is restored to the property. Such fees shall be periodically set by resolution.5-003.2 SLEEP/VACATION UTILITY RATERequirements include a minimum of a five (05) months absence from the household. b) Payment for this service will be required in advance and will consist of a monthly minimum water and sewer charge. The monthly minimum charges are established in Ordinance 5-113 and 5-216 and may be adjusted through resolution of said City Council. c) Garbage services and fees will be suspended during this time. d) The water department will continue to read the meter monthly and any water consumed over the 2,000 gal. minimum will be charged to the customer’s account. e) During this time, the city is not liable for any broken water meters, frozen water lines or water breaks from the curb stop to the residence. Refer to Ordinances 5-107 (k) and (l). f) The customer is held responsible to notify the City Finance Office of their return in order to have garbage services and fees resumed. Refer to Ordinance 5-302(e).g) Refund of prepayment is not applicable.5-004 NOTICE OF DISCONTINUANCE REQUIREDOwners or consumers desiring to discontinue the use of the city utility services shall be required to give notice thereof to the City Finance Office, and regular rates shall be charged and billed until such notice is given. Upon notice and direction from the owner and/or tenant, the water meter will be readout by the city.Owners and/or landlords of rental properties must give notice of change of tenants if the utilities are being billed to the tenant.A disconnection and reconnection is required between tenants and/or owners in order to secure the required application as set forth in Ord. #5-001 and ensure all accounts are paid in full. Readout of the water meter may suffice between owners and/or tenants if the new owner and/or tenant have complied with Ord. #5-001.A disconnect and/or reconnect fee, as established by resolution, will be charged each time the city is required to turn off or on utility services. If the City of Philip becomes aware of the change in occupancy before proper notification is given to the Finance Office; the city reserves the right to immediately disconnect city utility services provided to the place of business and/or residency being serviced.5-005DELINQUENT ACCOUNTSa) Any utility payment received after the payment deadline as established in Ord. 5-114, is considered delinquent and will be assessed a late fee of ten-dollars ($10). The Finance Office will send a delinquency notice stating the total amount due and the date by which to pay the utility bill or the utility service will be disconnected. The consumer may contact the Finance Office and appeal the bill. If the Finance Office deems appropriate, agreements can be made to schedule payments for the delinquent and current billings. If a customer is not satisfied with the decision, said customer may appeal to the water committee and/or full City Council. (Referenced in Ord. 5-108)If water service is terminated (disconnected) due to non-payment, the city will restore the water service only after all past due and current account charges including a reconnection fee and any other applicable fees are paid in full to the Finance Office.The City Council of the City of Philip reserves the right and authority to review and adjust the late fee through resolution of said City Council.5-006 ACCOUNT MUST BE PAID BEFORE WATER TURNED ONNo person shall be permitted connection to the water system until all past utility accounts for the property are fully paid.5-007 LANDLORDS RESPONSIBILITES FOR CITY UTILITIESAn owner of rental property, whether commercial or residential, is hereby held responsible for payment of any delinquent water, sewer or garbage charges that are not promptly paid by the owner’s tenant or tenants in accordance with Ord. 5-005. This Ordinance applies to all rental property, whether commercial, single family residential, apartment complexes, mobile home courts, or other rental property. The owner shall be furnished with a copy of the notice of delinquency that is served upon the tenant and the owner shall have all the rights afforded by Ord. 5-005.5-008 LIABILITY OF CITYThe City of Philip shall not be liable for any damages to the property of any customer of any utility service furnished by the city due to backflow of sewage system, failure of water supply, interruption of service or any cause outside the direct control of the city.5-100 WATER DEPARTMENT: SUPERVISION AND DUTIESThe Water Departments shall be under the supervision of the Public Works Director who shall be responsible to the water and sewer committee. The Public Works Director shall be responsible for the management and operation of the water and wells of the City of Philip as well as supervision and control over such persons employed by the City and assigned to his department. The Public Works Director shall read or supervise the reading of meters, connecting and disconnecting water service, and shall perform such other duties as may be assigned to him by the City Council. The Public Works Director shall make a written report to the water and sewer committees as may be required or requested by the Mayor or the City Council, and the Public Works Directors shall make such recommendations as are proper for the efficient operation of the water and sewer systems and improvements thereof. 5-101 AUTHORITY OF WATER DEPARTMENTThe Public Works Director or any employee of the Water Department shall be permitted at all reasonable hours, and with due notification to resident, to enter the premises or building of consumers for the purpose of reading meters, examining water pipes and fixtures, and set or remove a meter or change its location whenever necessary.5-102PLAT OF WATER MAINS, ETC.The Water Department shall keep and maintain a plat on which shall be shown a complete diagram of all city mains, all taps and service pipes, the size of mains, and such other information as shall be deemed advisable by said department.5-103CITY WATER LINE AND USESExcept as otherwise provided in these ordinances, no person shall connect, disconnect, or do any work on any pipes or connections in any way connected to the city water supply and pipe systems connected thereto.5-104EXTENSION OF WATER PIPESPlumbers must not extend water pipes from one premise to another without the permission of the City Council or its duly authorized agent.5-105EMERGENCY WATER LIMITATIONSThe City of Philip hereby reserves the right to at any time restrict or prevent the use of any utility service furnished by the city during periods of emergency or circumstances demanding such restriction or prevention of use.WATER SERVICE - TAP AND CONNECTION CHARGESConnections for water service furnished by the city shall be made only by the city and paid for by the customer served.Where there is no existing tap to the city water mains, or an additional or different tap is to be made, application shall be made in writing to the City Finance Officer by the owner or agent of the property to be served. The application shall designate the legal description of the property, what kind and size of tap to be made, the nature of the water use and if residential use, specify the number of families or residences to be served thereby, and shall be accompanied by the fee, as set forth by resolution, to be retained by the city if such application be allowed.5-107WATER DEPARTMENT REGULATIONSSTANDARD SERVICE PIPE CONNECTION - The standard connection with the mains shall be “k” copper pipes unless otherwise approved by the city. DEPTH OF SERVICE PIPES –Within the limits of the street, service pipe shall be laid not less than five (5) feet below the lowest part of the gutter.COPPER PIPES SUBSTITUTED - When non-copper service pipes in the city leak, copper pipe shall be used to replace existing lines rather than repairing old pipe.STOPS REQUIRED - All persons having connections with the city water mains must have a curb stop outside the property line and a shutoff either outside the house or in the basement for shutting off water in case of leaks and repairs.GENERAL – No claim shall be made against the city by reason of the breaking of any service lines or apparatus or from any other damage that may result from shutting off water for any reason. The city may make exceptions to this subsection if construction-related activities cause the service line to leak. Upon notification of the property owner that a water service line is leaking, the owner shall promptly cause the service to be repaired by a licensed contractor. Delay by the owner in repairing the service line shall be cause for the service to be shut off until the repair is made. If the service line is shut off or repaired by the city, the owner shall reimburse the city for all associated costs.USE OF WATER – No consumer shall permit the owner or occupant of other premises to use water from his or her service except by special permission from the water department.ONE CUSTOMER TO EACH SERVICE - Two or more premises with separate owners shall not be supplied from the same service pipe unless each has its own curb box at the sidewalk. Owners who lease or subdivide shall be responsible for water used in said premises. If more than one meter is placed on a service pipe, the meters shall be set so that no one of them shall measure water which has passed through another meter.INSPECTION – No pipes installed underground shall be covered until they have been inspected for leakage under system pressure. If the service line is covered before being inspected, the inspector may require the contractor to expose the line for inspection or may require a pressure or flow test at the contractor’s expense.SEPARATE TRENCH – Water lines may be laid in the same trench as a sewer line but must be laid above the sewer line. In instances where it is not permissible to lay the water line above the sewer line, the water line may be laid below the sewer line, but it must be incased in a protective barrier and approved by the Public Works Director. All water lines installed with a sewer line in the same trench shall be separated by at least one foot (1’) of horizontal distance. All services shall be placed on stable existing material or select and approved backfill material.CONSTRUCTION OVER WATER LINES – No person shall construct or erect any building or structure upon any lateral or trunk city water main unless he shall have written permission of the Public Works Director. The Public Works Director, upon granting such permission, shall specify what provisions shall be made in the construction thereof to protect the water line, and to provide for the purpose of maintenance and repairs.OWNER RESPONSIBILITY FOR PIPES AND FIXTURES – The city service line includes the curb stop and water supply pipe extending from the city main to the curb stop, and will be maintained by the city. The customer service line includes the water supply pipe and all fixtures extending from the curb stop to the premises served. All owners must, at their own expense, keep the customer service line in good working order and properly protected from frost and other hazards. The initial installation of the city service line, the customer service line and any applicable repair costs to the city streets during the installation will be at the owner’s expense.WATER METERS – All dwellings or places supplied with water from the city system shall be metered by the city. They are used for the measurement of water and sewer utility services furnished by the city and shall be approved and installed by, and remain the property of, the city. All water registered on the meter is the responsibility of the customer. A suitable place for meters, safe from frost or other damage and accessible for examination, must be provided by and at the expense of the owner or occupant. In cases where meters fail to register the amount of water used, charges shall be based upon the average used during two or more preceding periods of similar length and during a similar time of year. If meters are damaged by freezing or neglect, the owner or occupant of the premises must pay for such damage. In any case where the neglect, refusal to repair, or refusal to pay said expenses thereof, the water supply may be disconnected and not reconnected until such costs and said fees are paid.METER VAULTS/PITS – All meters located outside of basements or locations that are not protected from freezing shall be placed in meter vaults/pits designed and constructed as approved by the water department.SEALING ABANDONED WATER LINES - It shall be the duty of any landowner who shall abandon any water service line to cause the water service line to be securely and permanently capped and sealed, notwithstanding that the water service is shut off at the curb stop or to remove the water service line to the curb stop. Removal, demolition or other destruction of the residences or other improvements upon the real property shall be prima facie evidence that the water service line has been abandoned. This section shall not apply to mobile home parks and camping grounds, unless the mobile home park or camp ground is, in fact, no longer operating as a business. All capping and sealing shall be approved by the city. PORTABLE METER, SPECIAL WATER USERS, PERMIT - The Public Works Director shall provide one or more portable water meters for any special temporary use where water is taken from a service pipe. Said request shall be made through the customer application process outlined in Ord. 5-001 along with providing the specifications for the place in which the water is to be taken, the quantity to be taken, and the purpose for which such water will be used, and any fees for the portable meter connection shall be paid. Upon providing the above requirements, a portable meter shall be attached to the tap from which water is taken, the regular water rate shall be charged or such rate as may be fixed by the Public Works Director, with the City Council’s approval, plus a non-refundable advance fee in an amount determined from time to time by the City Council. Such meter shall be read when other meters are read or sooner if the use of such water is discontinued. FROZEN WATER LINES – The city shall bear the cost of thawing water lines from the main to the curb box. The owner of the property shall bear the cost of thawing water lines from the residence or building to the curb box. CROSS CONNECTIONS - No faucet connection, valve, or like appliance so constructed as to form a cross connection, directly or indirectly, between a safe drinking water supply and an unsafe or questionable water supply, shall be permitted. No licensed plumber or any other person shall make any cross connection to the water system, supply from a well, cistern or any other source whatsoever, nor from the city water system to any drain pipe, sewer pipe or septic tank.SURFACE WATER WELLS – New surface water wells are prohibited within the City of Philip. (Cross Reference Ord. 11-201(a)(10))PRIVY VAULTS AND OUTDOOR WATER CLOSETS – Privy vaults and outdoor water closets are prohibited within the City of Philip. (Cross Reference Ord. 11-201(a)(11))JOINT WATER USERS LIABLEIn case two or more users are supplied with water from the same service pipe, if any of the parties fail to pay the water charge when due, or to comply with any rule of the city, the city reserves the right to disconnect water from the whole service until such charge is paid, or the rules strictly complied with, and it is expressly stipulated that no claim for damage or otherwise may be made against the city by any user whose water charge has been paid, or who has complied with the rules of said city, because of such disconnection, it being expressly stipulated that the necessity for such shut off shall be deemed to be the joint act of all served through such service.5-109WATER RATESa)For the purposes of this section, “users of water” shall mean the owner or occupant of each individual residential or commercial premise, including, but not limited to, the owner or occupant of each apartment in a multiple family dwelling, each mobile home in a mobile home park and hotel and motel facilities.b) All users of water within the corporate limits of the City of Philip shall pay to the City of Philip for water used by them as follows:A minimum of $20.00 per month which shall entitle the user to 2,000 gallons of water per month.All water used over 2,000 gallons per month shall be paid for at a rate of $.005 cents per one (01) gallon of water or fraction thereof. All users of water outside of the corporate limits of the City of Philip shall pay to the City of Philip for water used by them as follows:A minimum of $40.00 per month which shall entitle the user to 2,000 gallons of water per month.All water used over 2,000 gallons per month shall be paid for at a rate of $.005 cents per one (01) gallon of water or fraction thereof.The increase in water usage rates will be implemented and reflected on the February 2011 utility billing.The City Council of the City of Philip reserves the right and authority to review and adjust the aforementioned water service charges established by this ordinance through resolution of said City Council.5-110 ANNUAL REVIEW OF COST OF WATER OPERATIONThe city shall annually conduct a review of the costs of operation and maintenance of the city water system. The city shall also annually review and revise as necessary the water consumption rates to insure rate equity among the various users and to further insure the availability of sufficient funds to adequately operate and maintain the water system of the city. 5-200 SEWER DEPARTMENT: SUPERVISION AND DUTIESThe Sewer Department shall be under the supervision of the Public Works Director who shall be responsible to the water and sewer committee.The Public Works Director shall be responsible for the sewage system and lagoons of the City of Philip, as well as supervision and control over all persons employed by the city and assigned to his department. The Public Works Director shall make or supervise all taps of public sewers in addition to such other duties as shall be prescribed by the City Council or by the Ordinances of the City of Philip.The Public Works Director shall make a written report to the water and sewer committees as may be required or requested by the Mayor or the City Council, and the Public Works Directors shall make such recommendations as are proper for the efficient operation of the water and sewer systems and improvements thereof. 5-201CITY SEWER LINES AND USESExcept as otherwise provided in these ordinances, no person shall connect, disconnect, or do any work on any sewer pipes, connections, or equipment in any way connected to the city sewer system.SEWER SERVICE - TAP AND CONNECTION CHARGESConnections for sewer service furnished by the city shall be made only by the city and paid for by the customer served.Where there is no existing tap to the city sewer mains, or an additional or different tap is to be made, application shall be made in writing to the City Finance Officer by the owner or agent of the property to be served. The application shall designate the legal description of the property, what kind and size tap to be made, the nature of the sewerage use and if residential use, specify the number of families or residences to be served thereby, and shall be accompanied by the fee, as set forth by resolution, to be retained by the city if such application be allowed.5-203 SEWER REPAIRWhenever any sewer connecting a building with a common sewer or another drain, becomes obstructed, broken or out of order in any way, the person in charge of the premises drained by such sewer shall, within 48 hours after notice from the Public Works Director, reconstruct, repair, or cleanse such sewer. In case of neglect or refusal, the Public Works Director shall report the same to the water and sewage committee who shall cause such sewer to be reconstructed, repaired, or cleansed at the expense of the person in charge who shall be charged in the same manner as for special assessment. (Cross-Reference: 11-1801)SEWER DEPARTMENT REGULATIONSSEWER CONNECTION REQUIRED - Any person having charge of any structure which is near any street in which the common sewer is or may be laid, shall within fifteen days after written notice connect his dwelling or house with a common sewer main as named by the Public Works Director, if said structure shall accommodate humans. Said notice shall be signed by the Public Works Director, served by any Philip policeman, and any person disregarding such notice shall be guilty of a misdemeanor.MATERIALS USED IN SEWER AND CONNECTIONS - The main sanitary sewer soil pipe and its branches shall be of PVC or, upon approval by the Public Works Director, pipe having equivalent quality.MINIMUM GRADE - All sewers outside of buildings must be laid in the ground of sufficient solidity for a proper foundation and in a trench with a uniform grade of not less than one-eighth inch to the foot and one-fourth inch if practicable.SEPARATE CONNECTIONS - The main drain of each house or building shall be independently connected to the sanitary sewer where the sanitary sewer is in front of said building. Where it is necessary to construct a private sewer to connect with a sewer main in an adjacent street, such sewer plans shall be used as are reviewed and approved by the Public Works Director.EXISTING CONNECTIONS – Existing building sewers may be used in connection with new buildings only when they are founds, on examination and test by the Public Works Director or Wastewater Superintendent, to meet all requirements of the sewer regulations.CONNECTIONS NOT ALLOWED - No connection from any cesspool or privy vault shall be made with any sanitary sewer or drainpipe.CONSTRUCTION OVER SEWER LINES - No person shall construct or erect any building or structure upon lateral or trunk city sewer lines or water mains unless he shall have written permission of the Public Works Director. The Public Works Director, upon granting such permission, shall specify what provisions shall be made in the construction thereof to protect the sewer line or water line, or both, and to provide for the purpose of maintenance and repairs.INSPECTION - No sewer trench shall be filled or sewer pipe covered, until the sewer service has first been inspected by the Public Works Director or his assistant. Persons making sewer connections shall give at least 48 hours notice to the Public Works Director of the time when such sewer service shall be ready for inspection. The Public Works Director shall inspect the sewer within a reasonable time and if such sewer service is not properly laid or connected, the Public Works Director shall order the same taken out and re-laid. When such sewer service is completed, approved, and permission granted, the owner or person in charge shall be allowed to use the same. Cross-Reference: 5-222 (Penalty)FILLING - The filling of earth around and on top of all connecting pipes with lateral or main sewers shall be done in a manner to obtain the greatest compaction possible. The earth shall be laid and tamped in regular layers not exceeding nine inches in depth up to the road surface or thoroughly soaked with water, and the street or alley shall be left in as good a condition, whether paved or unpaved, as it was prior to the laying of such pipe connection.OWNER RESPONSIBILITY FOR PIPES AND FIXTURES – The city service line includes the sewer main and will be maintained by the city. The customer service line includes the sewer connection at the main, the sewer pipe and all fixtures extending from the main to the premises served. All owners must, at their own expense, keep the customer service line in good working order and properly protected from frost and other hazards. The initial connection to the main and future repairs on the customer’s service line will be at the owner’s expense.DIMENSIONS OF HOUSE AND BUILDING DRAIN - All house and building drains connected to the sanitary sewer service shall be at least four inches in diameter. DRAINS IN PUBLIC GARAGES AND WASH RACKS – Every public garage or other public place having a wash rack used for washing vehicles shall install a standard garage drain approved by the Public Works Director. Such drain shall be so constructed and operated as to prevent mud, sand and other debris from being washed into the city sewer system, and shall be kept in proper working order. The provisions of this section shall apply only if the sewage is discharged into the city sewer system.CESSPOOL DRAINAGE INTO STREETS AND GUTTERS PROHIBITED - It shall be unlawful for any person to allow any cesspool or septic tank to drain into any of the streets and gutters of this city.PROHIBITED CONNECTIONS WITH PUBLIC SANITARY SEWER - No person, corporation, or other public or private entity shall make or cause to be made any connection of roof downspouts, foundation drains, area drains, or any other source of surface water or groundwater, either directly or indirectly, to the city sanitary sewer system, for any purpose, unless such connection is approved by the Public Works Director.CROSS CONNECTIONS - No faucet connection, valve, or like appliance so constructed as to form a cross connection, directly or indirectly, between a safe drinking water supply and an unsafe or questionable water supply, shall be permitted. No licensed plumber or any other person shall make any cross connection to the water system, supply from a well, cistern or any other source whatsoever, nor from the city water system to any drain pipe, sewer pipe or septic tank.SEALING INTERMITTENTLY USED SEWER LINESIt shall be the duty of any landowner, who shall have located on his premises sewer service lines that are subject to periods of non-use, to provide for the temporary sealing of the service line when not in actual use for the disposal of sewage for any period of time. The method used to temporarily seal any unused sewer lines shall be designed and adequate to prevent any liquids or solid matter from entering the sewer lines. This section specifically applies to mobile home parks, campgrounds and any other location where access to the city sewer system is available other than through the plumbing system of a permanent structure.This section shall also be applicable to any landowner upon whose property the improvements have been removed, demolished or destroyed by any cause and upon which the landowner intends to rebuild the improvements.The landowner shall immediately notify the city when the temporary sealing or capping is competed and the Public Works Director or Sewer Superintendent shall inspect the sewer inlets to assure compliance with this section and the approved method of temporary sealing or capping of the sewer inlet. In the event a landowner increases the number of sewer service inlets, the landowner shall apply for a new permit for the additional inlets. In the event one or more of the sewer inlets are damaged and require repair to comply with this section; the landowner shall immediately repair the same and notify the City Finance Officer. Upon notification, the Public Works Director or Sewer Superintendent shall inspect the repairs to assure the repairs are in compliance with this Ordinance. SEALING ABANDONED SEWER LINES - It shall be the duty of any landowner who shall abandon any sewer service line to cause the sewer service line to be securely and permanently capped and sealed, or to remove the sewer service line to the trunk sewer. Removal, demolition or other destruction of the residences or other improvements upon the real property shall be prima facie evidence that the sewer service line has been abandoned. This section shall not apply to mobile home parks and camping grounds unless the mobile home park or campground is, in fact, no longer operating as a business concern. All capping and sealing shall be approved by the city. SEPTIC TANKS AND CESSPOOLS – The construction of cesspools and installation of septic tanks are prohibited within the City of Philip. An exception to this may be allowed when the City Sewage System is not available and upon approval of the Public Works Director and City Council. (Cross Reference Ord. 11-201(a)(11))REFUSE PROHIBITEDNo one shall discharge or permit to be discharged any of the following described water, wastes or other materials to any public sewers: Any gasoline, benzene, naphtha, fuel, grease (including cooking grease), oil, or other flammable or explosive liquid, solid, or gas.Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant. Any water or wastes having corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works.Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails, and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.Permitted to be discharged/deposited into any sewer line connected with a public sewer include the following: feces, urine, necessary closet paper, liquid house waste, and domestic garbage process by an approved disposal unit.5-206 PENALTIES Notwithstanding any other provision of the revised Ordinances of the City of Philip, any person who violates Section 5-203(g), 5-203(p) or 5-205 shall be fined by the Court the sum of two hundred dollars ($200.00) and Court costs. In addition, the Court may require the violator to reimburse the city for all costs incurred in cleaning or repairing any sewer lines affected as a result of a violation of this section. Costs incurred shall include any costs incurred by the city to accomplish remedial measures in the entire sewer system, including the wastewater lagoon, caused by a violation of this section.b) The city shall be, and hereby is, authorized and directed to institute legal action against any landowner violating this section to recover the costs of cleaning orrepairing any sewer lines affected by a violation of this section. Costs incurred shall include any costs incurred by the city to accomplish remedial measures in the entire sewer system, including the wastewater lagoon, caused by a violation of this section.5-207 SEWAGE RATESSewer service charges shall be based on water consumption per month. For purposes of this section “users of the sanitary sewers” shall mean the owner or occupant of each individual residential or commercial premise, including but not limited to, the owner or occupant of each apartment in a multiple family dwelling and each mobile home in a mobile home park, but exclusive of hotel and motel facilities. All users of the sanitary sewers within the corporate limits of the City of Philip as defined above shall pay a minimum monthly fee of $15.50 for the first 2,000 gallons of water consumed per month.In addition to the monthly minimum fee, each user shall pay $.003 cents per one (01) gallon of water consumed between 2,001 and 10,000 gallons per month; and, $.0015 cents per one (01) gallon of water consumed in excess of 10,000 gallons per month. This additional fee shall be based on the average gallons of water consumed by the user during the months of January, February and March of each calendar year.All users of the sanitary sewers residing outside the corporate limits of the City of Philip as defined above shall pay a minimum monthly fee of $31.00 for the first 2,000 gallons of water consumed per month.In addition to the monthly minimum fee, each user shall pay $.003 cents per one (01) gallon of water consumed between 2,001 and 10,000 gallons per month; and, $.0015 cents per one (01) gallon of water consumed in excess of 10,000 gallons per month. This additional fee shall be based on the average gallons of water consumed by the user during the months of January, February and March of each calendar year.Each user will be billed at the average monthly rate established each calendar year beginning with the May utility billing. The City Council of the City of Philip reserves the right and authority to review and adjust the aforementioned sewer service charges established by this ordinance through resolution of said City Council.5-207.1 WASTEWATER SURCHARGEThe City of Philip designates $8.80 of the established sanitary sewer monthly minimum rates collected in accordance with Ord. 5-207 as captured and committed. Said commitment is subject to adjustment from time to time by ordinance as necessary to repay a $750,000 Clean Water State Revolving Loan Fund (SRF) over a period of no more than thirty (30) years at an interest rate of three and one-quarter percent (3.25%), in accordance with the loan agreement to be entered into by the City of Philip and the SD Department of Environment and Natural Resources, the proceeds of which loan are to be used for the Wood and Walden Avenue Wastewater Improvements project. Such surcharge shall be segregated from all other funds of the City of Philip, shall be and are hereby pledged to secure such loan, and shall be used for no purposes other than for the repayment thereof.Said surcharge will be implemented and reflected with May 01, 2012, utility billing. 5-207.2 SEWAGE USAGE AND RATES: HOTELS – MOTELS – ROOMING HOUSES All hotel, motel and rooming house sewer service charges shall be based on water consumption charges. The sewer charges will be assessed per month.For purposes of this section “hotel/motel/rooming house” shall mean every building or other structure kept, used or maintained as a place where food and/or sleeping accommodations are offered for pay to public guests, including such guests as transients and/or tourists and in which the accommodation of such person or persons is solicited or where such accommodations are advertised and/or held out to the public for such use.All hotel, motel and rooming house sewer users within, and out of, the corporate limits of the City of Philip that utilize the city’s sanitary sewer system shall be assessed for sewer services based on a rate of 2/3 of the total dollar amount assessed per month of water utility charges assessed to each individual hotel/motel/rooming house’s utility account. The wastewater surcharge established in Ord. 5-207.1 shall be designated and accounted for when collecting said sewer charges.The City Council of the City of Philip reserves the right and authority to review and adjust the aforementioned sewer service charges established by this ordinance through resolution of said City Council. TOURIST PAY CAMPS For the purposes of this section a Tourist Pay Camp is defined as every building or group or other structure or group of structures kept, used, maintained or advertised, or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests, not otherwise classified as a hotel, motel or rooming house, and offering more than one cabin for accommodation of such guests, shall for the purposes of this ordinance be deemed a tourist pay camp. For the purpose of this ordinance the words “tourist pay camp” shall be construed to include the words, “motor court”, “cabin camp”, “motor lodge”, “tourist camp”, “motor hotel”, “camper court”, and “tourist park”.Sewer rates established in Ord. #507 and 507.1 shall apply when tourist pay camps are occupied. It is further stated that it is the responsibility of each tourist pay camp owner and/or landlord to report to the City Finance Office on or about the 15th of every month if the tourist pay camp has been occupied during the previous month.The City Council of the City of Philip reserves the right and authority to review and adjust the aforementioned sewer charge established by this ordinance through resolution of said City Council.5-208 ANNUAL REVIEW OF COST OF SEWER OPERATIONThe city shall annually conduct a review of the costs of operation and maintenance of the city sewer system. The city shall also annually review and revise as necessary the sewer use rates to insure rate equity among the various users and to further insure the availability of sufficient funds to adequately operate and maintain the sanitary sewer system of the city. Dated this 1st day of April, 2013./s/ Michael Vetter, MayorATTEST:Monna Van Lint, Finance OfficerPassed First Reading: April 01, 2013Passed Second Reading:Yeas: 05 Nays: 00Published: April 11, 2013Council Member Larson addressed the Council regarding the Philip Trails Project plans. She reported that they are currently pursuing Phase I of the project which will be located at the west end of Philip, in and around the pool, park, baseball field, etc. The trail will be eight feet in width with an asphalt surface and is estimated at costing approximately $60,000. (A copy of the trail plans and project area is on file in the Finance Office.)She noted that with the assistance of the National Parks Service and Central South Dakota Enhancement District, they will be applying for an 80/20 matching grant from the Recreational Trails Program (RTP). The grant application is due by May 3rd and they need to have the easements for the land prior to submitting the application. She then asked the Council to consider entering into an easement for the area along Stanley Ave. and around the Kiddie Park area. She will be also be contacting the other property owners in the area, Charlene Kjerstad and Haakon County for easements. In addition, if the grant is approved, she would ask that the City administer the grant on their behalf. Motion was made by Harry, seconded by Gartner to enter into an easement for Phase I of the Philip Trails Project and authorize Mayor Vetter’s signature thereon. Motion carried.Motion was then made by Henrie, seconded by Gartner to approve the City administering the RTP Grant for Phase I of the Philip Trails Project and authorize the Mayor’s signature on the grant application. Motion carried.Motion was made by Gartner, seconded by Arthur to authorize Haakon Co. Young Women (HCYW) to purchase a bench through the City. The expenses for the bench will be reimbursed by HCYW. Motion carried.Council Member Matt returned to the meeting at this time.Council went on to review a request from Travis Jones, Engineer with KLJ, regarding a request for Keystone Pipeline to haul wastewater from one of their camps into the City’s Wastewater system. They have provided estimated amounts of wastes with a maximum of 50,000 gallons per day when the camp is at capacity. Revenue from accepting this waste was also provided with an example of what they are paying in Montana. It was noted that the camp will more than likely be at capacity for only one year and taper off for the second year with no activity during the winter months.The City’s Engineer, Harlan Quenzer with SPN & Assoc., has reviewed the request and confirms that the City’s Wastewater Treatment Facility is capable of handling the amount of waste that is being proposed.The Council was asked if they are interested in entering into negotiation with the Keystone Pipeline to accept their wastewater.Council Member Gartner expressed his frustration with the disposal prices proposed by Keystone as they are considerably less than what the City had adopted for disposal of waste when he was in the septic tank business. The City had established a rate of $50 per 1,000 gallons of waste and Keystone is only paying $18.75 per 3,740 gallons. He also mentioned that the City will need to monitor the access road to the lagoons as well as ensure that they are not dumping the waste on the lagoons rock barrier.It was noted that the disposal prices provided were only a sample of the fees Keystone is being charged in Montana. Regardless, at those prices, the City could generate approximately $50,000 in revenue.By general consensus, the Council expressed interested in negotiating with Keystone Pipeline to haul the wastewater from one of their camps to the City’s Wastewater Facility.Council was advised that Dane Nelson is the new owner of Triple XXX Spraying, LLC. He has provided a copy of his insurance along with spraying estimates for 2013. It was noted that the 2013 prices have not increased from 2012 when the business was owned by Jeremy Noteboom. In addition, Mr. Nelson has confirmed that he will continue spraying the community signs, fire hall parking lot, and around the recycling dumpsters free of charge.By general consensus of the Council, the spraying estimates for 2013 were approved.Council reviewed the following L/P Propane bids received this month: Mar. 20, 2013Fitzgerald Oil Company $1.325/gal. Midwest Cooperatives$1.35/gal.Departmental Reports:The monthly Police Dept. report was presented and reviewed with Officer Butler.Motion was made by Henrie, seconded by Harry to authorize Chief Graham to hire an additional police officer for Philip Festival Days weekend, June 14-15, 2013. Motion carried.The quarterly Rubble Site report was reviewed.The Rubble Site’s summer hours will begin on May 4th. The site will be open on from 9:00 am to 1:00 pm on the 1st, 3rd & 5th Saturday’s and 2nd & 4th Friday’s.The City will host free dump weekend, Friday, May 10th and Saturday, May 11th. The site will be open from 9:00 am to 4:00 pm on both days. (Rain date is May 17th & 18th.) The senior citizens/disabled persons pickup day will be on Monday, May 13th. The monthly Street Dept. report was reviewed.The monthly swimming pool report was reviewed.Council was informed that the materials for hand rail on the west side of the swimming pool sidewalk have been ordered. The Philip High School Industrial Arts class will be building the railing once the materials arrive.The City will be accepting lifeguard applications until May 1st and they will be reviewed by the Health/Rec. Committee on Monday, May 6th at 3:30 p.m.The quarterly Water Dept. report was reviewed with Gen. Maint. Pearson.Pearson reviewed the new no lead initiatives regarding water meter regulations with the Council. He noted that stricter standards have been implemented which will eliminate brass meter installations and they will need to be replaced meters such as the iperl plastic meters starting in 2014.The monthly water loss for March was reported at 10.04%. It was noted that one water leak was located and repaired this past month.The SD Dept. of Transportation, Transportation Alternatives Program (TAP) Funding applications are due June 15, 2013.The SD DENR Abandoned Underground Tank Removal Program is still available if anyone is interested.Public Comments: None.In Other Business:Motion was made by Arthur, seconded by Harry to authorize Street/Sewer Supt. Coyle & Gen. Maint. Petersen’s attendance at the Van Diest Mosquito Workshop on May 7th in Rapid City. Motion carried.The SDML District 8 Meeting is April 16th in Murdo at 6:00 p.m. CST.The SoDace Annual Meeting is May 8-9, 2013, in Oacoma. Council Member Henrie confirmed that she will not be able to attend. The next regular Council Meeting will be held on Monday, May 6, 2013, at 7:00 p.m. in the Community Rm. With no further business to come before the Council, Mayor Vetter declared the meeting adjourned at 8:30 p.m./s/ Michael Vetter, MayorATTEST:/s/ Brittany Smith, Deputy Finance Officer(Published once on April 11, 2013, at approximate cost of $_________) ................
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